THE CONSTITUTION (FIRST AMENDMENT) ACT, 1951
Statement of Objects and Reasons appended to the
Constitution (First Amendment) Bill, 1951 which was
enacted as the Constitution (First Amendment) Act, 1951
STATEMENT OF OBJECTS AND REASONS
During the last fifteen months of the working of the
Constitution, certain difficulties have been brought to light
by judicial decisions and pronouncements specially in
regard to the chapter on fundamental rights. The citizen's
right to freedom of speech and expression guaranteed by
article 19(1)(a) has been held by some courts to be so
comprehensive as not to render a person culpable even if
he advocates murder and other crimes of violence. In other
countries with written constitutions, freedom of speech and
of the press is not regarded as debarring the State from
punishing or preventing abuse of this freedom. The citizen's
right to practise any profession or to carry on any
occupation, trade or business conferred by article 19(1)(g)
is subject to reasonable restrictions which the laws of the
State may impose "in the interests of general public". While
the words cited are comprehensive enough to cover any
scheme of nationalisation which the State may undertake, it
is desirable to place the matter beyond doubt by a
clarificatory addition to article 19(6). Another article in
regard to which unanticipated difficulties have arisen is
article 31. The validity of agrarian reform measures passed
by the State Legislatures in the last three years has, in spite
of the provisions of clauses (4) and (6) of article 31, formed
the subject-matter of dilatory litigation, as a result of which
the
implementation
of
these
important measures, affecting large numbers of people, has
been held up.
The main objects of this Bill are, accordingly to amend
article 19 for the purposes indicated above and to insert
provisions fully securing the constitutional validity of
zamindari abolition laws in general and certain specified
State Acts in particular. the opportunity has been taken to
propose a few minor amendments to other articles in order
to remove difficulties that may arise.
It is laid down in article 46 as a directive principle of State
policy that the State should promote with special care the
educational and economic interests of the weaker sections
of the people and protect them from social injustice. In
order that any special provision that the State may make for
the educational, economic or social advancement of any
backward class of citizens may not be challenged on the
ground
of being discriminatory, it is proposed that article 15(3)
should be suitably amplified. Certain amendments in
respect of articles dealing with the convening and
proroguing of the sessions of Parliament have been found
necessary and are also incorporated in this Bill. So also a
few minor amendments in respect of articles 341, 342, 372
and 376.
New Delhi; JAWAHARLAL NEHRU. The
10th May, 1951.
THE CONSTITUTION (FIRST AMENDMENT) ACT, 1951
[18th June,1951.]
An Act to amend the Constitution of India.
BE it enacted by Parliament as follows:1. Short title.-This Act may be called the Constitution (First
Amendment) Act, 1951.
2. Amendment of article 15.-To article 15 of the Constitution,
the
following clause shall be added:"(4) Nothing in this article or in clause (2) of article 29 shall
prevent the State from making any special provision for the
advancement
of any socially and educationally backward classes of
citizens
or
for
the Scheduled Castes and the Scheduled Tribes.".
3. Amendment of article 19 and validation of certain laws.(1)
In
article 19 of the Constitution,(a) for clause (2), the following clause shall be substituted,
and
the
said clause shall be deemed always to have been enacted in
the
following form, namely:--"(2) Nothing in sub-clause (a) of clause (1) shall affect the
operation of any existing law, or prevent the State from
making
any
law, in so far as such law imposes reasonable restrictions
on
the
exercise of the right conferred by the said sub-clause in the
interests of the security of the State, friendly relations with
foreign States, public order, decency or morality, or in
relation
to
contempt of court, defamation or incitement to an offence.";
(b) in clause (6), for the words beginning with the words
"nothing
in
the said sub-clause" and ending with the words
"occupation,
trade
or
business", the following shall be substituted, namely:"nothing in the said sub-clause shall affect the operation of
any
existing law in so far as it relates to, or prevent the State
from
making any law relating to-
(i) the professional or technical qualifications necessary for
practising any profession or carrying on any occupation,
trade
or
business, or
(ii) the carrying on by the State, or by a corporation owned
or
controlled by the State, of any trade, business, industry or
service,
whether to the exclusion, complete or partial, of citizens or
otherwise".
(2) No law in force in the territory of India immediately
before
the
commencement of the Constitution which is consistent with
the
provisions of article 19 of the Constitution as amended by
sub-section
(1) of this section shall be deemed to be void, or over to
have
become
void, on the ground only that, being a law which takes away
or
abridges the right conferred by sub-clause (a) of clause (1)
of
the
said article, its operation was not saved by clause (2) of that
article as originally enacted.
Explanation.-In this sub-section, the expression "law in
force"
has
the same meaning as in clause (1) of article 13 of the
Constitution.
4. Insertion of new article 31A.-After article 31 of the
Constitution, the following article shall be inserted, and
shall
be
deemed always to have been inserted, namely:"31A. Saving of laws providing for acquisition of estates,
etc.-(1)
Notwithstanding anything in the foregoing provisions of
this
Part,
no
law providing for the acquisition by the State of any estate
or
of
any
rights therein or for the extinguishment or modification of
any
such
rights shall be deemed to be void on the ground that it is
inconsistent with, or takes away or abridges any of the
rights
conferred by, any provisions of this Part:
Provided that where such law is a law made by the
Legislature
of
a
State, the provisions of this article shall not apply thereto
unless
such law, having been reserved for the consideration of the
President,
has received his assent.
(2) In this article,(a) the expression "estate" shall, in relation to any local
area,
have
the same meaning as that expression or its local equivalent
has
in
the
existing law relating to land tenures in force in that area,
and
shall
also include any jagir, inam or muafi or other similar grant;
(b) the expression "rights", in relation to an estate, shall
include
any rights vesting in a proprietor, sub-proprietor, underproprietor,
tenure-holder or other intermediary and any rights or
privileges
in
respect
of
land
revenue.".
5. Insertion of new article 31B.-After article 31A of the
Constitution as inserted by section 4, the following article
shall
be
inserted, namely:"31B. Validation of certain Acts and Regulations.-Without
prejudice
to the generality of the provisions contained in article 31A,
none
of
the Acts and Regulations specified in the Ninth Schedule
nor
any
of
the provisions thereof shall be deemed to be void, or ever
to
have
become void, on the ground that such Act, Regulation or
provision
is
inconsistent with, or takes away or abridges any of the
rights
conferred by, any provisions of this Part, and
notwithstanding
any
judgment, decree or order of any court or tribunal to the
contrary,
each of the said Acts and Regulations shall, subject to the
power
of
any competent Legislature to repeal or amend it, continue
in force.".
6. Amendment of article 85.-For article
Constitution,
following article shall be substituted, namely:-
85
of
the
the
"85. Sessions of Parliament, prorogation and dissolution.(1)
The
President shall from time to time summon each House of
Parliament
to
meet at such time and place as he thinks fit, but six months
shall
not
intervene between its last sitting in one session and the
date
appointed for its first sitting in the next session.
(2) The President may from time to time(a) prorogue the Houses or either House;
(b) dissolve the House of the People.".
7. Amendment of article 87.-In article 87 of the Constitution,(1) in clause (1), for the words "every session", the words
"the
first
session after each general election to the House of the
People
and
at
the commencement of the first session of each year" shall
be
substituted;
(2) in clause (2), the words "and for the precedence of such
discussion over other business of the House" shall be
omitted.
8. Amendment of article 174.-For article 174 of the
Constitution,
the
following article shall be substituted, namely:"174. Sessions of the State Legislature, prorogation and
dissolution.-(1) The Governor shall from time to time
summon
the
House
or each House of the Legislature of the State to meet at
such
time
and
place as he thinks fit, but six months shall not intervene
between
its
last sitting in one session and the date appointed for its
first
sitting in the next session.
(2) The Governor may from time to time(a) prorogue the House or either House;
(b) dissolve the Legislative Assembly.".
9. Amendment
Constitution,-
of
article 176.-In
article 176
of
the
(1) in clause (1), for the words "every session", the words
"the
first
session after each general election to the Legislative
Assembly
and
at
the commencement of the first session of each year" shall
be
substituted;
(2) in clause (2), the words "and for the precedence of such
discussion over other business of the House" shall be
omitted.
10. Amendment of article 341.-In clause (1) of article 341 of
the
Constitution, for the words "may, after consultation with the
Governor
or Rajpramukh of a State,", the words "may with respect to
any
State,
and where it is a State specified in Part A or Part B of the
First
Schedule, after consultation
Rajpramukh
shall be substituted.
with
the
Governor or
thereof,"
11. Amendment of article 342.-In clause (1) of article 342 of
the
Constitution, for the words "may, after consultation with the
Governor
or Rajpramukh of a State,", the words "may with respect to
any
State,
and where it is a State specified in Part A or Part B of the
First
Schedule, after consultation with the Governor or
Rajpramukh
thereof,"
shall be substituted.
12. Amendment of article 372.-In sub-clause (a) of clause (3)
of
article 372 of the Constitution, for the words "two years",
the
words
"three years" shall be substituted.
13. Amendment of article 376.-At the end of clause (1) of
article
376
of the Constitution, the following shall be added, namely:--"Any such Judge shall, notwithstanding that he is not a
citizen
of
India, be eligible for appointment as Chief Justice of such
High
Court, or as Chief Justice or other Judge of any other High
Court.".
14. Addition of Ninth Schedule.-After the Eighth Schedule to
the
Constitution, the following Schedule shall be added,
namely:"NINTH
[Article 31B]
SCHEDULE
1. The Bihar Land Reforms Act, 1950 (Bihar Act XXX of
1950).
2. The Bombay Tenancy and Agricultural Lands Act, 1948
(Bombay
Act
LXVII of 1948).
3. The Bombay Maleki Tenure Abolition Act, 1949 (Bombay
Act
LXI
of
1949).
4. The Bombay Taluqdari Tenure Abolition Act, 1949
(Bombay
Act
LXII
of 1949).
5. The Panch Mahals Mehwassi Tenure Abolition Act, 1949
(Bombay
Act
LXIII of 1949).
6. The Bombay Khoti Abolition Act, 1950 (Bombay Act VI of
1950).
7. The Bombay Paragana and Kulkarni Watan Abolition Act,
1950
(Bombay
Act LX of 1950).
8. The Madhya Pradesh Abolition of Proprietary Rights
(Estates,
Mahals, Alienated Lands) Act, 1950 (Madhya Pradesh Act I
of 1951).
9. The Madras Estates (Abolition and Conversion into
Ryotwari)
Act,
1948 (Madras Act XXVI of 1948).
10. The Madras Estates (Abolition and Conversion into
Ryotwari)
Amendment Act, 1950 (Madras Act I of 1950).
11. The Uttar Pradesh Zamindari Abolition and Land
Reforms
Act,
1950
(Uttar Pradesh Act I of 1951).
12. The Hyderabad (Abolition of Jagirs) Regulation, 1358F.
(No.
LXIX of 1358, Fasli).
13. The Hyderabad Jagirs (Commutation) Regulation, 1359F.
(No.
XXV
of 1359, Fasli).".